Posted on: March 22, 2023
New York has amended its salary transparency requirements and expanded its nondiscrimination protections. The City of Syracuse increases its minimum wage for city contractors.
New York has enacted legislation (Assembly Bill 999) that amends employer salary transparency requirements. All state salary transparency requirements and amendments are set to take effect on September 17, 2023.
New York previously enacted legislation (Senate Bill 9427A), which requires employers with four or more employees to disclose compensation or the range of compensation to applicants and employees, starting September 17, 2023.
On March 3, 2023, New York enacted Assembly Bill 999, which amends and clarifies certain employer salary transparency requirements.
The amendment clarifies that when employers advertise for a position that will be physically performed, at least part, in the state, they must disclose the compensation or a range of compensation and the job description (if it exists) for each job, promotion or transfer opportunity.
The amendment also makes clear the requirement also applies to postings for jobs that will be physically performed outside of New York, if they report to a supervisor, office or other work site in New York.
Note: Employers operating in other jurisdictions in New York with pay transparency laws may need to coordinate compliance with the state law and should consider consulting legal counsel to help determine which laws apply to their business.
Assembly Bill 999 defines advertisement as making a written description of an employment opportunity available to a pool of potential applicants for internal or public viewing, including electronically.
Assembly Bill 999 also removes an employer’s requirement to retain records of historical compensation ranges and job descriptions.
Note: Employers may want to retain such records as a best practice.
New York employers should:
New York has enacted legislation (Assembly Bill 6328) that prohibits employers from discriminating against employees on the basis of citizenship or immigration status. Assembly Bill 6328 is effective immediately.
New York State's Human Rights Law (NYSHRL) prohibits employers with four or more employees from discriminating against individuals based on race, creed and national origin, among other characteristics. New York State and New York City had also previously enacted legislation and guidance expanding immigrant protections.
Effective immediately, covered employers are now also prohibited from discriminating against individuals on the basis of the following:
New York State employers should review their policies and practices to ensure compliance with the expanded protections under the law.
The City of Syracuse has announced increases to the minimum wage for city contractors. The minimum wage changes take effect on April 1, 2023.
Employers that receive contracts from the City of Syracuse will be required to pay increased minimum wages. The following increases take effect on April 1, 2023.
|
|
Employer Provides Health Benefits |
Employer Does Not Provide Health Benefits |
|
Minimum Hourly Rate |
$15.35 |
$18.13 |
The following minimum hourly rate, minimum cash wage and maximum tip credit will apply to tipped employees of contractors beginning on April 1, 2023.
|
|
Employer Provides Health Benefits |
Employer Does Not Provide Health Benefits |
|
Minimum Hourly Rate |
$15.35 |
$18.13 |
|
Minimum Cash Wage |
$10.23 |
$13.01 |
|
Maximum Tip Credit |
$5.12 |
$5.12 |
Employers must pay the increased minimum wages if they receive contracts from the City of Syracuse beginning April 1, 2023.
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